Pergamos - Library and Information Center of National and Kapodistrian University of Athens

Unit:

Κατεύθυνση Γενικό Αστικό Δίκαιο
Library of the School of Law

Deposit date:

2023-01-25

Year:

2023

Author:

Platanitis Konstantinos

Supervisors info:

1) Dimitra Papadopoulou, Professor, Law School, National and Kapodistrian University of Athens, 2) Ioanna Kondili, Associate Professor, Law School, National and Kapodistrian University of Athens, 3) Vagias Panagiotopoulos, Assistant Professor, Law School, National and Kapodistrian University of Athens.

Original Title:

Ο θεσμός της κληρονομικής αναξιότητας στο ελληνικό δίκαιο: Νομοθετική ρύθμιση και νομολογιακή αντιμετώπιση

Languages:

Greek

Translated title:

The institution of the unworthiness to inherit in the greek law: Legislation and case law

Summary:

The document entitled: "The institution of the unworthiness to inherit in the greek law: Legislation and case law" aims to fully illuminate the aspects of a particular institution of inheritance law, that of hereditary invalidity. Firstly, the concept and the basic features of hereditary invalidity are investigated, looking for the justifying basis for its establishment and contrasting it with related institutions. Subsequently, the individual reasons are thoroughly examined, due to which an heir (but also a legatee or fiduciary) may be excluded from the succession, as well as the possibility of the heir to prevent the occurrence of invalidity by granting forgiveness to the unworthy, the which is provided under certain conditions and of a special type. Special weight is given to the process of declaring invalidity, as well as the conditions for exercise and the particular aspects of the right to declare invalidity, while certain procedural aspects of the institution are also investigated. Then, the legal consequences induced by the declaration of invalidity are listed and, specifically, the three "creatures of law" established by the legislator. Finally, specific issues related to the institution of hereditary unworthiness are presented, such as the relationship of the unworthy with the new heir, the protection of third parties who transacted with the unworthy heir, the declaration of other persons - besides the heir - as unworthy, as well as elements of comparative law.

Main subject category:

Law and Legislation

Other subject categories:

Civil Law

Keywords:

unworthiness to inherit, hereditary law, heir, forgiveness, exclusion of the unworthy

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